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McKINNEY v. STATE

6 Div. 413.

278 So.2d 719 (1973)

William Henry McKINNEY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 1, 1973.

Attorney(s) appearing for the Case

J. Louis Wilkinson, and Charles Crowder, Birmingham, for appellant.

William J. Baxley, Atty. Gen., and Herbert H. Henry, Asst. Atty. Gen., for the State.

HARRIS, Judge.

Appellant was tried and convicted in the Circuit Court of Jefferson County upon an indictment charging the offense denounced by Section 374(20), Title 14, Code of Alabama 1940, being an assault with a deadly instrument upon a peace officer engaged in the active discharge of his lawful duty or duties. He was sentenced to a term of five years in the penitentiary. Omitting the formal parts, the indictment is as follows:

"The grand jury of said...

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